In the News

Virginia & Ambinder’s cases are frequently covered by the media, and our attorneys are quoted regularly on their knowledge of legal issues. Read below to learn more about our high-profile labor and employment cases.

Latest News

V&As Kara Miller Quoted in Bloomberg Law on court granting conditional certification of a collective class for Lululemon employees

August 14, 2018

"That’s more than 1,000 employees who could join the lawsuit, Kara Miller, an attorney for the Lululemon employee who filed the lawsuit, told Bloomberg Law Aug. 13."

7

2018

Law360 quotes LaDonna Lusher on V&As case against CBS News, CBS Radio and Simon & Schuster on behalf of the interns

“The law changed drastically for these individuals” between the filing of the cases in 2015 and the settlement, which was reached late last year, said LaDonna Lusher, a lawyer for the interns. “When the case was first filed … it seemed that they had a better opportunity to try to prove their claims in court, then several decisions came down that diminished their chances significantly.”

16

"The suit states that they agreed to leave their jobs with the defendant in exchange for a specified category of free D2 travel pass privileges for the rest of their lives. They allege the defendant stopped providing these passes and instead gave them an inferior category of pass privileges known as D-2R beginning in September 2014 in breach of the contract."

10

2018

V&As LaDonna Lusher Quoted in Laborpress on Her Speech to Home Care Workers

"The state minimum-wage law requires workers to be paid for all the hours they work, including those when they are on call, lawyer LaDonna Lusher told the rally, but the Department of Labor has “singled this industry out” as an exception."

4

2018

Law360 reports on V&As case against Construction Co. on behalf of the trustees

"A New York magistrate judge on Friday recommended the confirmation of a $2.27 million arbitration award entered against a construction company that allegedly failed to make contributions to a carpenter union’s benefit funds that were required by collective bargaining agreements."

26

2018

V&As LaDonna Lusher acknowledged in the "Combating Sexual Harassment in the Workplace: Trends and Recommendations Based on 2017 Public Hearing Testimony"

“In addition, employees working on non immigrant visas have temporary authorization to work in the United States and worry that their employment will not be renewed if they speak out, and thus their ability to remain in this country will be compromised.”

18

"As a Sabbath-observant Jew, you fear that an employer who learns about an applicant’s need for scheduling accommodations may opt to offer the position to a similarly qualified candidate to avoid the inconvenience."

30

"The suit alleges that the clubs and their owner, William Pyliaris, failed to pay dancers minimum wage and overtime while illegally withholding tips and charging dancers fees to perform in the club — all alleged violations of the U.S. Fair Labor Standards Act."

9

A New York federal judge on Friday said he would not dismiss a collective action brought by workers against Envy Nails salons in New York City alleging that they were not paid minimum wage or overtime and that they failed to receive pay stubs, a day after oral arguments were held.

26

2015

V&A files actions against Versace and Michael Kors on behalf of former unpaid interns

The plaintiffs alleged in the class action suits that they were tasked with inputting data, assisting with organizing samples, answering phone calls, setting up promotional events, and running personal errands for paid employees without being paid.

14

“You have a situation where people are going to be buying apartments for the mid-eight figures, and you have individuals working there who are getting the lowest of living wages,” said attorney Lloyd Ambinder.

10

"Requiring these bonds is a big step in the right direction to protect these workers, but it is not a perfect solution," said Kara Miller, a lawyer representing eleven workers of the company Envy Nails.

9

2015

Warner Music Group Corp. settles for $4.2 million to end intern wages suit brought by V&A

"Warner Music Group Corp. has agreed to pay about $4.2 million to resolve a putative class and collective action brought by former interns who claimed they were unlawfully denied minimum wage, the plaintiffs told a New York federal court Tuesday."

12

2015

V&A associate Milana Dostanitch asks Justice Sotomayor a question.

"U.S. Supreme Court Justice Sonia Sotomayor addressed participants in the New Lawyer Institute (NLI) on May 7th. The NLI, which was created on the recommendation of the City Bar’s Task Force on New Lawyers in a Changing Profession, provides law school graduates with practice-oriented training, mentoring and career support to help them get started in their careers."

12

2015

V&A’s plaintiffs were featured on The Today Show.

"In the wake of a scathing New York Times expose of working conditions in nail salons, New York Gov. Andrew Cuomo has launched a crackdown to protect salon workers. NBC national correspondent Kate Snow reports."

12

2015

V&A associate Milana Dostanitch pictured alongside Justice Sotomayor.

"U.S. Supreme Court Justice Sonia Sotomayor (center) addressed participants in the New Lawyer Institute (NLI) on May 7th. The NLI, which was created on the recommendation of the City Bar's Task Force on New Lawyers in a Changing Profession, provides law school graduates with practice-oriented training, mentoring and career support to help them get started in their careers. "

6

2015

V&A files action against Cirque du Soleil on behalf of service workers

"Cirque du Soleil stiffed its employees when it did not share with its service staff a service charge that it collected from customers for catered events, an employee class action filed Friday in New York Supreme Court alleges."

11

2015

Viacom Strikes $7.2M Deal To End Intern Wages Suit.

"Viacom Inc. agreed to pay about $7.2 million to resolve a putative class action brought by two former interns who claimed they were unlawfully denied minimum wage, the plaintiffs told a New York federal court Wednesday."

23

"Simon & Schuster Inc., Tommy Hilfiger USA Inc. and Fendi North America Inc. are the latest companies to face proposed class actions in New York state court accusing them of misclassifying their interns as ineligible for minimum wages, according to Friday filings."

6

"Eddie Talaske was 21 when he landed a programming internship at Sirius XM. A college student from a Michigan town so small it has just one stop light, he’d never spent more than a weekend in New York City."

2

2015

V&A files action against the Soho Grand and the Tribeca Grand on behalf of service workers

"The Soho Grand and the Tribeca Grand have been hit with a putative class action alleging the New York hotels shortchanged waiters, busboys, bartenders and other employees out of tips by assessing a “service charge” without disclosing the charge wasn’t a gratuity for staff."

27

2015

V&A files action against Rolling Stone, Lacoste, and The House of Z LLC on behalf of unpaid interns

"Former interns of Rolling Stone, retailer Lacoste and fashion firm The House of Z LLC each kicked off the latest round of wage-and-hour class actions in a New York state court, accusing the companies of unlawfully denying interns a minimum wage."

20

2015

V&A files action against Burberry Ltd. on behalf of unpaid interns

"Burberry Ltd. is the latest luxury goods peddler to be hit with a class action over wages, with a lawsuit filed in New York on Friday by a former intern who accuses the company of cheating interns out of pay for work that doesn’t provide any academic benefit."

18

"A former intern for sports marketing giant IMG Worldwide LLC on Thursday filed the latest in a series of putative class actions in New York court that accuse companies of not paying their interns minimum wage for work that doesn't qualify as education or training."

4

"Kenneth Cole Productions Inc. is the latest high-fashion retailer to be accused of not paying its interns for work that doesn't qualify as education or training, according to a proposed class action filed Tuesday in New York court."

19

"Gucci America Inc. is the latest high-fashion retailer to be accused of not paying its interns for work that does not qualify as education or training, according to a proposed class action filed Tuesday in New York state court."

12

2014

Unpaid internships come under close scrutiny after lawsuits filed by V&A on behalf of former interns.

"A series of high-profile court cases brought by unpaid interns has prompted companies in the US to either drop internship programmes altogether or to move toward paid programmes. Legislatures recently passed new protections, forcing employers to rethink their policies, which could result in better pay and educational experiences for interns."

V&A gets collective action certified for unpaid interns at Sirius XM.

29

2014

The death of Maria Fernandes, a 32-year-old Dunkin’ Donuts worker, has been held up as a symbol of the hardships facing the nation’s army of low-wage workers.

"Maybe she poured you a cup of hot coffee, right before you rushed off to catch your afternoon train. Maybe you noticed her huddled over an empty table in the station, dozing in the lonesome hours between one shift and another."

26

2014

V&A speaks to the NY Daily News about an $88 million dollar judgment V&A obtained on behalf some 1500 employees who help make prepackaged meals for various city agencies.

"In June, a judge ruled that Maramont Corp. had been violating the city’s living wage law for more than a decade. Yet in August, the city awarded the company with an $82 million contract to supply meals to schools. Mayor de Blasio ordered the Education Department to cancel the contract after the Daily News raised questions about the court ruling."

25

2014

Judge Frederic Block of the Eastern District of New York held that five former grocery store employees represented by V&A could proceed with their individual claims which were tolled from the date of the filing of the class action complaint.

3

"Oscar de la Renta LLC on Wednesday became the latest fashion label to be hit with a proposed class action in New York by unpaid interns who claim the company wrongly classified them as exempt from receiving minimum wage payments."

26

2014

V&A speaks to Newsweek on the rights of unpaid interns to collect potential wages.

"Kyle Grant was still living in a Bronx homeless shelter when he started interning at Warner Music Group (WMG) in August 2012. The gig was unpaid, and he couldn’t afford an apartment of his own after moving out of his girlfriend’s mother’s house, but he took it anyway."

16

2014

V&A speaks to Newsweek about class action against Clear Channel on behalf of unpaid interns

"A former intern for Clear Channel Communications has filed a suit against the massive radio broadcasting company in federal court, alleging that she performed the job of a paid employee in her unpaid internship and should have been compensated as such."

2

2014

V&A files action against Coach Inc. on behalf of unpaid interns

"A former employee hit Coach Inc. with a proposed class action in New York state court on Tuesday for allegedly misclassifying employees as unpaid interns and failing to pay them minimum wage, making Coach the latest in a growing number of companies to be hit with such allegations."

20

2014

V&A files action against Universal Music Group Inc. on behalf of unpaid interns

"A former unpaid intern for Def Jam Recordings and Motown Records hit the labels’ parent company, Universal Music Group Inc., with a putative collective action in New York federal court on Wednesday, accusing the music giant of illegally failing to pay its interns minimum wage."

16

"A former intern for Arnold Worldwide LLC filed a putative class action in New York state court on Monday against the advertising agency, alleging it broke state labor laws when it refused to pay interns but had them perform the work of regular employees."

4

V&A wins summary judgment for 2000 underpaid workers

27

2014

V&A speaks to The Monitors about the status of unpaid internships and the litigation against companies such as Warner Music Group and Atlantic Records.

"The internship: the pain of many post-graduates, and the basis of a two hour advert for Google masquerading as a film. Whatever the context, the subject always seems to be met with a slight, “oh well, that’s the way it works, so you know, deal with it…” attitude. That approach changed in the UK slightly last year as new legislation was brought in to criminalise unpaid work, but the issue has picked up considerable steam again recently with the news that up to 3,000 ex-interns might file lawsuits against Warner Music."

V&A represents former unpaid intern in case against Sirius XM alleging she should have been paid for work she performed.

23

2014

Lloyd Ambinder is featured in a Wall Street Journal article on unpaid internships and the cases brought by V&A against Warner Music Group, Viacom, Madison Square Garden, Sony and Donna Karan.

"The rules have changed for summer interns.
Since last year's class vacated the lowest rungs of the corporate totem pole, a string of high-profile lawsuits by unpaid interns has worked its way through the courts, and legislatures have passed new protections, forcing both schools and employers to rethink their policies."

23

2014

V&A speaks to U.S. News and World Report on the benefits of paid internships.

"Even before the onset of the 2008 recession, college students and recent grads eagerly, if not desperately, sought out unpaid internships hoping to gain the necessary experience to land a paid job. Unfortunately, rather than provide a structured educational environment for interns, many, if not most, employers treat interns like entry level employees without providing them any compensation."

5

2014

V&A attended Find & Follow Your Passion: A #FindSpark Fashion Conference. Attorneys from V&A gave a workshop on employment rights in the workplace to young creatives and professionals in the fashion industry.

"On Saturday, April 5th, during Find & Follow Your Passion: A FindSpark Fashion Conference at LIM College, LaDonna Lusher and Lloyd Ambinder, attorneys at Virginia and Ambinder LLP, share the most wonderful knowledge about the importance of knowing your rights as an employee, whether you are an a full-time or part-time employee, independent contractor/ freelancer, and intern (yes, you have rights as well!). If you fit in any of these categories or you are looking for your next gig, this is for you!"

V&A highlighted in the NY Daily News for representing nail salon manicurists who filed a class action to recover their unpaid wages and overtime.

27

2014

New York City Council passes landmark legislation prohibiting discrimination against interns.

"The City Council passed a bill yesterday amending New York City's Human Rights Law to extend sexual harassment and discrimination rights to unpaid interns. The move now allows unpaid interns to sue their employers should they choose. It also makes the Big Apple one of the first American cities to have such rights for their interns. Reminder: it's 2014."

22

2014

V&A represents hundreds of former interns accusing MTV of failing to pay them for months of work in a nationwide action.

"A former intern accusing MTV of failing to pay him for months of work asked a New York federal judge on Friday to certify a nationwide collective in his case, arguing it would be the most efficient way to resolve a case that could involve thousands of other workers."

31

2013

V&A wins class certification for Jenny Craig workers

"A New York City trial judge has certified a class of 751 current and former Jenny Craig workers who claim the weight-loss company changed their time cards to show they had taken 30-minute meal breaks when, in fact, they were pushed to work though the pause, a ruling posted Monday says."

24

2013

V&A attorney Jack Newhouse was recently published in Forbes.com on the topic of the changing landscape for unpaid internships.

"As summer ended, perhaps so did unpaid internships as we know them. The once commonplace “opportunity” to forego wages in exchange for work experience and connections may no longer be a viable option by the time summer 2014 rolls around. Bottom line: interns will now have to get paid at least minimum wage to wait in lines to get Cronuts for their bosses."

20

2013

V&A wins first-step certification for service employees at two Marriott locations

"A New York federal magistrate judge on Thursday granted first-step certification to a group of current and former service employees at two Long Island-based Marriott hotels, allowing them to proceed with their claims that the hotel failed to pay lawfully earned gratuities and overtime."

17

"The Madison Square Garden Co. on Monday became the latest company targeted in a putative class action alleging that it improperly classified regular employees as interns in an effort to avoid paying them, according to documents filed in New York federal court."

12

"A New York federal judge on Tuesday certified a class of waiters, bartenders, busboys and other workers who filed a proposed collective action against Vic & Anthony's Steakhouse accusing the chain of seizing their tips and paying them less than minimum wage."

30

2013

V&A files action against Donna Karan International Inc. on behalf of unpaid interns

Donna Karan International Inc., the popular designer of women's fashion, was hit with a putative class action in New York state court on Wednesday for allegedly classifying regular employees as interns and trainees to avoid paying them.

20

"Sean "Diddy" Combs' record label, Bad Boy Entertainment Inc., stiffed interns by not paying them any wages and assigning them to gift-wrap presents and run personal errands for paid employees, according to a putative class action filed Tuesday in New York federal court."

7

"Columbia Recordings Corp. on Tuesday became the latest company to be hit with a putative wage-and-hour class action over unpaid internships when a former intern filed suit, claiming the music giant misclassified its interns to avoid paying them wages under New York state labor laws. "

17

2013

V&A’s suit against Warner Music Group on behalf of unpaid interns puts music industry on notice

"A former unpaid intern at Warner Music Group Corp.'s Atlantic Records unit slapped the company with a putative wage-and-hour class action on Monday, which his lawyer says is the first case over an internship program to target the music industry."

10

2013

V&A represented a President of a Division of a publically traded corporation who believed that he had been constructively terminated through a reduction of duties.

Under his employment agreement, he was therefore entitled to six months’ pay and a brief non-compete agreement. However, his former employer argued that he had voluntarily resigned and was therefore entitled to no payment and was bound by a one year non-compete agreement. The arbitrator ruled completely in favor of V&A’s client, granting him six months’ pay and the shorter non-compete agreement.

Apr

8

"Exotic dancers who scored an $8 million settlement in their wage-and-hour class action against the Penthouse Executive Club in Manhattan can notify class members through an adult-oriented website and magazine, a New York federal judge ruled Thursday."

3

2012

V&A’s co-counsel speaks to Patch about action against Glen Cove Mansion on behalf of service workers denied tips

"A former waiter for the filed a class action lawsuit in Nassau County State Supreme Court on Thursday accusing the upscale establishment of withholding gratuity wages from its catering staff, according to the plaintiff’s lawyers."

27

2012

Current and former Holiday Inn employees file a class action lawsuit in federal court, alleging that the hotel, next to Chateau Briand Caters on Old Country Road in Westbury, didn’t pay overtime to any of its employees who worked more than 40 hours a week over the last the last six years in violation of state and federal labor law. “It’s unfortunate in today’s economic times that employees not only are forced to work long hours, but must find it necessary to file suit to receive the wages for the hours that they worked,” said Lloyd Ambinder of Virginia & Ambinder.

"Mavis Kemper, a native of Jamaica now living in Cambria Heights, Queens, is a woman with a strong work ethic. A housekeeper at the Holiday Inn in Westbury, Long Island, from June 2005 until January 2012, Kemper, 43, worked tirelessly, often working six days per week from about 6:30 a.m. until 3:30 p.m. for $9 to $11 per hour, cleaning the hotel's 152 rooms, but she was never paid overtime. Reluctantly, she complained, but nothing was done."

1

Lloyd Ambinder is asked to return as a contributor to the Polska Gazeta to continue his popular series of articles on employment law.

The Polska Gazeta is distributed in New York, Connecticut, and New Jersey, and has a readership of approximately 13,000 people.

Aug

6

2011

Virginia & Ambinder, LLP is one of four organizations being honored at the annual New Immigrant Community Empowerment (NICE) gala for its “pro-bono services to NICE and many sister organizations to ensure that immigrant workers get paid their fair wages.”

"In New York, we always hear the term at-will employment. Who knows what that really means? I've asked Kara Belofsky of Virginia and Ambinder LLP to lend some additional clarity:"

1

2011

Due to overwhelming interest from the readers of the Polska Gazeta, Lloyd Ambinder is asked to extend his series of articles on employment law.

This month, the series explains issues such as tip pooling in the restaurant industry, the new overtime regulations for nannies, and the prevailing wage and hour rights for construction workers. Polska Gazeta is a local New York City newspaper, with distribution in Connecticut and New Jersey, and a readership of approximately 13,000 people.

May

24

2011

Previously, carpenters, bricklayers, masons and other workers in construction-related trades filed a lawsuit alleging that employer Abax Incorporated underpaid them on wages, overtime, and benefits during the course of their employment on public works contracts.

A few days ago, the Appellate Division, First Department issued a decision, stating in part that Virginia & Ambinder, LLP “has demonstrated its expertise and zealous representation of the plaintiffs here, as well as in prior class action cases which have reached this court on appeal.

17

2011

Former employees of a New York unit of French insurance giant AXA Group filed a federal class-action suit alleging that thousands of U.S. employees worked as many as 60 hours per week but weren’t paid minimum wages or overtime.

The suit alleges that AXA Financial, AXA Advisors and other related entities hired unlicensed financial product marketers, made them pay for training materials and registration fees, and required them to work without compensation while studying for exams. Virginia & Ambinder, LLP is co-counsel in this action.

10

A federal judge has conditionally certified a class of restaurant and delivery workers who allege a New York City restaurant management company violated the Fair Labor Standards Act by not paying them for overtime work.

17

2010

Former and current employees of Charlie Brown’s Restaurant started a class-action lawsuit against the chain in March, alleging that Charlie Brown’s failed to properly distribute tips and pay employees for overtime.

Notices were recently sent out to Charlie Brown’s 9,000 employees, and so far more than 100 have agreed to join the suit. Lloyd Ambinder, of Virginia & Ambinder, LLP, represents the workers in the case. Among the allegations is that waitresses were asked to show up at 11 a.m., but would not be clocked in until their first customers showed up for lunch. Since the start of the lawsuit, Charlie Brown’s has closed almost half its eateries, shrinking the popular family chain to 29 locations.

19

2010

Former Penthouse Executive Club cocktail waitress and other employees file a class-action complaint in Manhattan federal court, alleging that they weren’t paid minimum wages or overtime for all the hours they worked.

The Penthouse Executive Club has bared some ugly allegations against a former cocktail waitress who’s suing the Hells Kitchen skin palace.

Local 78 has lodged a lawsuit against New York Insulation in New York State Supreme Court for allegedly failing to pay adequate wages and benefits to workers in May 2008.

10

2010

Lloyd Ambinder authors an article for the Albanian-language newspaper “Illyria” on the rights of workers in the restaurant industry, specifically addressing issues such as the minimum wage, tip credits, overtime pay, tip pooling, and uniform maintenance.

Illyria is the only bilingual independent Albanian-American newspaper in the United States.

May

28

2009

In a sweeping class action lawsuit, several workers suing on behalf of hundreds of New York City construction workers have charged their former employers, including Nicks Insulation Corp., with failure to pay the workers the legally required prevailing wage and benefit rates as well as overtime rates on dozens of New York City construction projects.

“No worker should be subjected to the mistreatment, abuse and unlawful activity that NY Insulation inflicted on its workers,” said Edison Severino, Business Manager of Laborers Local 78. “Hopefully this lawsuit will serve as a wake up call to New York City agencies and all contractors that abusing workers will not be tolerated,” concluded Severino.

5

New York City construction workers of bankrupt Cema Construction Corporation are granted class certification by a state court.

The company is accused of failing to pay its workers prevailing wages and supplemental benefits set fort by the NYS Department of Labor.

Jan

25

2007

A state judge rules that several illegal immigrant workers may proceed with a lawsuit against a city construction company for back wages they say were withheld as part of a money laundering scheme.

Lloyd Ambinder, attorney for the workers, said that his clients were paid half of what they should have received on projects that included two schools in the Bronx, one in Staten Island, and a housing project in Brooklyn.

Mar

15

2003

In an article about affordable housing in New York City, City Limits magazine, an urban affairs news source, quotes Lloyd Ambinder of Virginia & Ambinder, LLP: “We often will bring a lawsuit against as many as seven or eight alleged employers on one project site because the employees simply don’t know who they worked for,” says Lloyd Ambinder, a labor lawyer who represents construction workers. “

“It’s not uncommon for a worker to come to us and show us nothing more than a couple of business cards and a couple of delivery tickets from supplies that were dropped off at the site, with the name of a contractor on it, and they think that’s who their employer is or was.”

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Virginia & Ambinder, LLP, provides legal representation for residents of New York (NY) and New Jersey (NJ). Serving all of New York City (NYC) including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, Long Island and Yonkers.